Parents sue Metra in death of son

Boy was hit by train at Glenview crossing

May 10, 2005|By Courtney Flynn, Tribune staff reporter.

The family of a Glenview boy killed by a Metra train last year as he rode his bicycle across the railroad tracks on a sidewalk near the village's downtown station filed a lawsuit Monday, alleging that officials knew the crossing was dangerous and should have made safety improvements sooner.

The wrongful-death suit was filed in Cook County Circuit Court against Metra, the Village of Glenview and Canadian Pacific Railway, which dispatches trains on the tracks. The suit was filed nearly a year after Victor Olivera, 11, was struck at a crossing that did not have pedestrian gates at the time.

"We want to make sure that people realize that there's a responsibility not just in Glenview but all the surrounding communities. . . . It shouldn't take that first death for people to take action," the boy's father, Arturo, said at a news conference in Chicago.

About two months after Victor was killed on May 25, 2004, Metra installed pedestrian gates that were purchased for about $80,000 by Glenview, Metra officials said. The boy's parents said they hope safety measures will be improved in other communities as a result of their lawsuit.

A Metra spokeswoman said the agency's long-standing philosophy has been that physical barriers are not the answer because people van find ways around them. She would not comment on the lawsuit.

Attorneys for the Olivera family provided letters Monday from Glenview officials to the Illinois Commerce Commission dating back to the late 1960s that discussed the village's desire for pedestrian gates near the station and mentioned reports of near-misses involving children at the crossing.

"As early as 1969, this was acknowledged to be a dangerous pedestrian crossing for children using the area," said Kevin Durkin, an attorney for the family. "It took the death of Victor Olivera for pedestrian gates to come up at this crossing."

But Glenview Village Manager Todd Hileman said the letters were "simply inquiries on behalf of our residents," not "empirical evidence" that the crossing was dangerous.

Hileman and Village President Kerry Cummings said the community's sympathies are with the Olivera family.

"This was a terrible tragedy for our community to lose a young person in this manner," Cummings said.

A spokeswoman for Canadian Pacific said she was not aware of the lawsuit and her company would not comment.

Glenview police will be at the downtown train station May 19 and 20 to pass out pamphlets and help educate commuters about railroad crossing safety, said Cmdr. Frank Stankowicz. On May 25, the anniversary of Victor's death, and May 26, a special traffic detail will be at the station to step up enforcement, handing out tickets to pedestrians who try to get around gates, he said.

"No lawsuit will ever bring back our son Victor," Arturo Olivera said. "But we hope and pray that our efforts today and in the future will save the lives of other pedestrians and bicyclists by causing railroads and municipalities to take responsibility for improving pedestrian safety at railroad crossings."